Or. Admin. R. 255-075-0005 - Hearing Requirement: Procedure
(1)
Except as otherwise provided by these rules, before the Board can revoke parole or
extend active parole supervision for offenders whose crimes occurred on or after
December 4, 1986, and before November 1, 1989 (BM10), the Board or Hearings Officer
shall conduct a hearing.
(2) When the
offender waives the hearing and/or consents to the order, the Board need not conduct
a hearing when the Board extends supervision for offenders whose crimes occurred on
or after December 4, 1986 and before November 1, 1989 (BM10).
(3) Except in the cases set forth in OAR
255-075-0015 and section (6) of this rule, the Sanction Authority shall impose
administrative sanctions or shall initiate a hearing within fifteen (15) days of
arrest or detention for the violation of parole or post-prison supervision
conditions.
(4) If an in-custody
violation hearing and a final order cannot be accomplished within fifteen (15) days.
a supervising officer or Hearings Officer shall request a non-bailable suspend and
detain warrant from the Sanction Authority
(5) A Hearings Officer can impose up to sixty (60)
days of local confinement after conducting a violation hearing or if an offender
waives the hearing. In doing so, the Hearings Officer may issue a final order
subject to the approval of the Sanction Authority, but immediately effective. If the
Hearings Officer recommends a sanction that exceeds sixty (60) days, it must be
approved by the Supervisory Authority before being considered by the Sanction
Authority.
(6) If an offender consents
to a sanction, intervention, or the recommendation of a revocation, a violation
hearing is not required. A revocation involving a return to prison will require a
future disposition hearing. If the offender contests any of the allegations, the
offender may request a hearing.
Notes
Stat. Auth.: ORS 144.106(3), 144.108, 144.331(2), 144.343, 144.350 & 144.370
Stats. Implemented: ORS 144.096, 144.098, 144.102, 144.106, 144.108, 144.346 & Ch. 525 OL 1997 (Enrolled SB 156)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.